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Judgments

Whether a Member of Force Committing a Heinous Offence be given the Penalty of Dismissal?

Union of India and Ors. v. Const Sunil Kumar, 19th January 2023 This appeal arises due to dissatisfaction with the impugned judgment dated 01.09.2017 passed by the High Court of Judicature for Rajasthan Bench at Jaipur. The authority has directed the appellant to reinstate him in service with national benefits without any back wages. The […]

Whether a Member of Force Committing a Heinous Offence be given the Penalty of Dismissal? Read More »

When Acquisition of Land is Deemed to have Lapsed under section 24(2) of the Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation and Resettlement Act, 2013?

Government of NCT of Delhi and Anr. V. Khajan Singh and Anr. January 20, 2023 This appeal is due to dissatisfaction with the order passed by the High Court of Delhi at New Delhi in Writ Petition. Facts: The High Court has allowed the said writ petition and has declared that the acquisition proceedings initiated

When Acquisition of Land is Deemed to have Lapsed under section 24(2) of the Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation and Resettlement Act, 2013? Read More »

Investigating Authorities can not order charge Sheets to be uploaded on website.

Judgment Name: Saurav Das vs Union of India Judgment Date: January 20, 2023 Bench: Justice Ajay Rastogi and Justice Bela M. Trivedi Brief facts of this case: A bench made up of judges MR Shah and CT Ravikumar held onto it while rejecting a PIL filed by RTI activist and investigative journalist Saurav Das. The

Investigating Authorities can not order charge Sheets to be uploaded on website. Read More »

Educational Attainment is a Valid Criterion for Differentiating an Employee’s Pay Scale.

Brief facts of this case: The Union of India filed this Civil Appeal because it was dissatisfied with the judgment of the High Court of Guwahati, which determined that the original writ petitioners were entitled to Nursing Allowance. The respondents in the appeal were Nursing Assistants in various hospitals under the Border Security Force’s establishment.

Educational Attainment is a Valid Criterion for Differentiating an Employee’s Pay Scale. Read More »

Constable Committed Gross Misconduct Right Before Entering Disciplined Force.

Brief facts of this case: The plaintiff, appointed as a Constable, was sent a notice/Memorandum of charge under Rule 36 of the CISF Rules 2001 from the office of the Commandant Discipline, CISF, alleging that the petitioner had silenced the fact that he was associated with a criminal case for the offence under Sections 323,

Constable Committed Gross Misconduct Right Before Entering Disciplined Force. Read More »

Maintainability Of Second Complaint In Exceptional Circumstances

BRIEF FACTS OF THE CASE In this instance, the complainant brought charges against the defendants under Sections 4v99 and 500 of the IPC, among other things. The Magistrate rejected this because there was no evidence to support the claim. After all, it fell under the Fourth exemption of Section 499 of the IPC. The complainant

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Dispute Between Promotees, Direct Appointees Over Inter-Se Seniority

BRIEF FACTS OF THE CASE The conflict is typical of those that arise between promoters and direct appointees over inter-se-seniority. The issue here is over Inspector positions in the Income Tax Department of the state of Gujarat. The Ministry of Personnel, Public Grievances, and Pensions released Office Memoranda (abbreviated ‘OM’) on February 7th and July

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Suspicion—no matter how strong—cannot serve as proof beyond a reasonable doubt.

BRIEF FACTS OF THE CASE In a nutshell, the prosecution claims that the dead, Om Prakash, was friendly with the current appellant/accused, Ram Pratap. On December 13, 2007, at 10:00 a.m. The accused Ram Pratap went to the house of the dead – Om Prakash – and after tea, the two went together. At noon.,

Suspicion—no matter how strong—cannot serve as proof beyond a reasonable doubt. Read More »

The SARFAESI Act with respect to the secured assets would prevail over MSMED Act

APPELLANT: KOTAK MAHINDRA BANK LIMITED. RESPONDANT: Girnar Corrugators Pvt. Ltd. & Ors.   FACTS: The appellant advanced various credit facilities and to secure such facilities security of two plot were mortgaged along with certain movable fixed assets. Due to non-payment of loan the Secured creditor filed application in district magistrate for recovery of secured assets

The SARFAESI Act with respect to the secured assets would prevail over MSMED Act Read More »

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